Court rules Seafield temple task force can’t be part of Adib inquest

Noel Achariam Noel Achariam Updated 7 years ago · Published on 8 Feb 2019 11:30AM · 2 Comments

The Save Seafield Sri Maha Mariamman Temple task force has been denied its bid to be part of the inquest into firefighter Muhammad Adib Mohd Kassim’s death. – The Malaysian Insight file pic, February 8, 2019.

THE Shah Alam High Court today dismissed the Seafied Sri Maha Mariamman temple’s task force bid to be an interested party in the inquest into firefighter Muhammad Adib Mohd Kassim’s death.

Judge Abdul Karim Abdul Rahman ruled that the judgment by the coroners’ court remains. 

“If the task force wants to hold a watching brief, then there must be a reason.

“They are just a task force of the temple and do not have a real substantial interest in the matter. So, the order stays,” he said today at the court. 

The task force filed an application for a judicial review on Monday to be made a party in the inquest into Adib’s death, which is set to begin next week.

The application was filed after the coroners’ court barred the task force from being an interested party.

Lawyer M. Visvanathan, representing the task force, said the decision to exclude the task force in the investigation would render the inquest meaningless. 

“We cannot understand how the Attorney-General’s Chambers in this new era of transparency (could) say that the role of the task force is too remote so they don’t need to participate in the inquest. 

“Unless, if they can confirm that the task force has nothing to do with Adib’s death. Then we will be satisfied, but they are not going to do that as well.” 

The deputy public prosecutor argued that the task force is not an entity and has no connection with the riots. 

“We (the inquest) are confined to where the incident (Adib’s injuries) happened. The incident happened outside the temple. 

“So, they are not an interested party,” he said. 

Visvanathan said all the temple asked for is a watching brief and a chance to ask questions if the need arises. 

“If they (task force) are called to testify, then they are interested parties. The perception is that the task force was responsible. 

“Are the courts now exonerating the task force and they will not be calling any witnesses from the task force to testify?”

Visvanathan said they will file an appeal with the Court of Appeals on Monday. – February 8, 2019.

M. Visvanathan, representing the Seafied Sri Maha Mariamman temple task force, says his clients want to dispel the perception that it was responsible for firefighter Muhammad Adib Mohd Kassim’s death during riots at its premises in November. – The Malaysian Insight pic, February 8, 2019.

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Comments

  • To the AG Chambers... How then can the temple, its office bearers, committee, etc be represented in the Inquiry?
    After all, they are an interested party to the Inquest because it is because of the illegal encroachment of the temple by parties or individuals and the incidents that subsequently unfolded that led to the death of the ER Personnel/fireman Adib.

    Posted 7 years ago by Kampung Boy · Reply

  • What's the logic of keeping the task force out of the inquest? Were they, or any of them, not present during the incident? If they or anyone of them was present, then they would have witnessed what happened. They would have heard what was going on. Thus they have first hand knowledge of the incident. If they give any evidence, it won't be hearsay. Is the idea to prevent them raising any questions, to prevent them objecting to any statements or line of questioning; or to give evidence that may contradict evidence given by the witnesses from the fire department, police, etc.? Justice must be seen to be done, otherwise it is not done.

    Posted 7 years ago by Ravinder Singh · Reply